Interviews & Interrogations: The Delicate Process of Extracting Information PDF

**Interviews & interrogations: The delicate process of extracting information** Tips and rules for tailoring your approach whether handling witnesses or suspects November 23, 2020 10:44 PM    [William V. Saladrigas](https://www.police1.com/William-Saladrigas/) A person and person sitting at a ta...

**Interviews & interrogations: The delicate process of extracting information** Tips and rules for tailoring your approach whether handling witnesses or suspects November 23, 2020 10:44 PM    [William V. Saladrigas](https://www.police1.com/William-Saladrigas/) A person and person sitting at a table Description automatically generated The key to success is to find ways of keeping your subject talking...about anything. *Getty Images* This article is the second in a series that provides new detectives with an overview of criminal investigations. [[Click here for part one.]](https://www.police1.com/investigations/articles/criminal-investigations-an-overview-for-new-detectives-x22p7GBSP77ZlKQQ/) *"No! Please! I'll tell you whatever you want to know!" the suspect exclaimed. "Really?" asked the interrogator. "What's the orbital velocity of the moon?" "What?" retorted the suspect. "Oh," rebutted the interrogator, "So you'd like something simpler?" ― "[[Night Watch]](https://www.goodreads.com/work/quotes/1712283)" by Terry Pratchett* Many of you have heard that the ability to conduct a good interview or interrogation is an art form. I would respectfully disagree. To be an artist requires God-given talent. I could never become a professional singer or a marketable artist no matter how hard I practiced. However, to be an effective interrogator requires only skill, patience and subtle discernment. The one immutable fact about interviews or interrogations is that if the person being queried stops talking, the interview or interrogation is over. Therefore, the key to success is to find ways of keeping your subject talking...about anything. **CREATE KINDRED BOND WITH YOUR SUBJECT** Building rapport with the person you are interviewing is a key factor in keeping them talking and in inducing trust; human nature is such that a person is more likely to be open and honest with someone they view as a kindred spirit as opposed to someone they view as an adversary. This, as a police interrogator, is the first hurdle you have to overcome. The "good cop/bad cop" routine was originally designed to allow one of the two investigators to create a bond with the suspect or subject by distinction. Lamentably, the banality of this technique has rendered it somewhat archaic and rather ineffective. Over the years, largely as a result of how it has been portrayed in television shows and cinema, the word "interrogation" has developed a negative connotation. Therefore, when testifying in front of a jury or in a deposition, I tend to avoid using it. To a civilian, the word likely conjures up visions of hot lights and a smoke-filled room with an inquisitive and accusatory man angrily hovering over the suspect. In order to soften that misconception, I am more inclined to use terms like witness or suspect interview. **KEEP WITNESS INTERVIEWS ON-TOPIC AND DIRECT** In a witness interview, the investigator can be more rigid in the Q&A because you want to maintain control of the dialogue and avoid wandering off-topic, which an excited civilian who has just witnessed a traumatic or frightening event may naturally tend to do. The key to a successful witness interview is to ensure minimal contact between the witness and other civilians who may influence the person's recollection of events and to extract as much information about the incident or offense under investigation as possible. Many investigators dance around the core issues for far too long; it is important to ask direct and probing questions that establish the elements of the crime. A favorite practice of mine is to look up or acquire a copy of the jury instructions for the particular crime I am investigating. It is a good example of what I call "Elements of a Crime for Dummies" because those instructions are designed to communicate to a group of laypeople what they must identify in the evidence in order to convict. Clearly, the more elements you are able to hit on when conducting your interviews, the more likely you are to convince the prosecutor, a jury and a judge that a statutory violation occurred and that your defendant violated it. **APPROACH SUSPECTS WITH DIFFERENT RULES** In a suspect interview, however, the rules change. I am quite certain that most of you will have heard some of this from basic training. Notwithstanding, I will refresh your memory on some of these rudimentary points in the interest of being thorough. A room used to interview a suspect should be void of as many distractions as possible: it should be austere, preferably without windows, and give the suspect little to focus on. It should have no wall hangings or artwork that the suspect may concentrate on during the inquiry. In today's environment, you would probably be well-advised to have audio/video recording throughout the interview. Any prosecutor will tell you that a [[recorded confession is one of *the most* valuable pieces of evidence]](https://www.police1.com/police-products/interview-recording/articles/how-to-buy-interview-recording-systems-ebook-vIUrGUzaCZ1rKPiM/) in any case, second only to a clear video of the defendant actually committing the crime. **CREATE THE ILLUSION OF TRUST** The key to making a suspect feel comfortable is to begin with innocuous, non-threatening questions designed to elicit simple, comfortable responses. The more the investigator can find in common with the suspect the better. Again, become a kindred spirit. Patience is critical: Much like a hunter must wait until their prey is well in sight, vulnerable and unthreatened, the investigator must create the framework within which absolution becomes desirable. The suspect must come to identify with you, trust you to some degree. It is an innate desire in humans to expiate their sins. Give the suspect space to do so. The courts have said that an investigator can lie to a suspect about certain things in order to induce them to confess truthfully; however, that can be a two-edged sword. If the suspect catches you in a blatant lie, you may never be able to establish or restore even a modicum of trust, and it may become necessary to turn the interview over to another person. But, most likely, the damage of getting caught in a lie is a game-changer. Consequently, when you lie to a suspect, be certain the lie is plausible given the totality of the circumstances. A common error investigators make, for example, is to tell a suspect that their prints were found inside the crime scene. If that suspect knows that they wore gloves the entire time, you have lost them. It is also important, however, never to lie about certain things like saying what will happen if the suspect confesses or offering a grant of immunity in exchange for the truth. This is outside the scope of the investigator's authority and will not be acceptable to the courts. **DON'T GIVE UP TOO SOON** Another mistake many investigators make when questioning a suspect is to assume that if the suspect asks to terminate the interview or invokes their right to remain silent or to have counsel present, that the interview is irreparably over. Never assume it is over. While any statements obtained after such an invocation by the suspect will almost assuredly be suppressed, those same statements will be and will remain part of the official record. You should always respect the suspect's invocation of rights and immediately terminate the interview, but you should never ignore a suspect's request to speak with you later. An unprovoked renewal of dialogue by the suspect should always be a welcomed development. Another mistake young investigators make is to feel the need to talk incessantly during the interview...listen! Do not be afraid to allow pregnant pauses in the interview. A former homicide supervisor of mine once said that during any moment of silence amid a suspect interview, the first side to break the silence typically loses the round. **A CONFESSION ISN'T ONLY PATH TO SUCCESS** Anytime a defendant takes the stand in their own defense at trial, they are confined to the four corners of whatever they told you. And if the suspect deviates from what they told you, even if the statement was suppressed, it is highly probable that the prosecutor can still use a suppressed statement for impeachment purposes. The prosecutor will typically be allowed to challenge the suspect based on what they previously told you. This can be highly damaging to the suspect's overall credibility with the jury. Moreover, investigators should never feel defeated if they simply locked the suspect into a denial statement; however, make the denial statement as detailed as possible. If you now have or later uncover evidence that undermines the veracity of what the suspect told you, you possess damaging evidence that can be used to discredit the defendant in front of the jury. Sometimes a strong, detailed denial statement can be more incriminating than a weak or vague confession. **THE POWER OF COMFORT AND CIVILITY** It has been my experience that suspects are more likely to remain talkative if they are kept comfortable: Asking if they are thirsty or in need of a bathroom should be practiced with some regularity. Depending on how long the interview goes on, it may require that you ask about a meal. Send out for it; do not break the rhythm of the interview. Lastly, I have never conducted what I believed to be a successful suspect interview by threatening harm, yelling, disparaging the suspect, or attempting to intimidate. You would be well-advised to remember the old adage, "You catch more flies with honey than vinegar." **IN CONCLUSION** There is no magic trick or fail-safe strategy that will guarantee a solid confession each and every time from each and every suspect; however, patience, preparedness and focus will increase your chances exponentially. Moreover, exercising these characteristics will probably result in better, more-detailed statements. The more complete you are in your knowledge of the facts and the elements of the crime(s) about which you are questioning a suspect, the greater your mastery over the subject matter. This has a tendency to earn you a modicum of respect and has the effect of building trust between you and the person you are questioning. In my next article, I will focus on report writing. Until then, continue to protect and serve by marching along the thin blue line. Be safe and Godspeed! ***Interviewing Victims, Witnesses & Suspects*** When the correct interviewing, interrogation, and questioning processes are followed, a suspect's confession can be admissible in court. Green Knight Security guards collaborate with law enforcement officers to make interview processes effective. Our goal, while offering this service, is to help discover the truth rather than obtain a confession. More information on how we interview victims, witnesses, and suspects are provided below. ***What are the Legal Parameters for Interviewing Victims, Witnesses, and Suspects?*** The [[ethical practices]](https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB137) for interviewing victims, witnesses, and suspects have significantly changed over the past few years - courts except the facilitators to observe high standards while focusing on the accused person\'s right. The entire interview should aim at minimizing any mental or physical anguish that could result in a false confession. It would help if less aggressive, and less oppressive interviewing methods were used. In meeting these legal parameters, interviewing victims, witnesses, and suspects can be a complex process. Polygraph operators and trained interrogators must be brought on board to oversee the process. Since suspects have a right to silence, getting information from them may prove difficult. The interview must know how to navigate through these challenges and deal with any false statements given by the participants. ***What Should the Process of interviewing Involve?*** The first stage of interaction when a crime is being investigated involves interviewing the potential suspect. At this point, you may not define the individual as a suspect if there is inadequate information linking him/her to the crime. It is possible for a suspect to report a criminal event posing as a victim or witness of the event. The individual may be regarded as a suspect when there is evidence linking him/her to a particular offense. During the interview, the facilitator should gather the participant\'s version of events. The interviewer should also gather untrue statements with the hope of using them to investigate a crime. It is possible for a victim or a witness in an interview to become the main suspect. The interview only stops when real evidence is discovered, and the interviewer has a reasonable ground to suspect the individual. ***Preparing for an Interview Involving Witnesses, Victims, and Suspects*** All successful interviews involving witnesses, victims, and suspects in a criminal case relied on adequate preparation. Interviewers must understand and know all the aspects of the process. Keeping the interviewing sheet organized and neat helps keep the participant's safe. The investigator should have a suitable plan to be followed once the interview is over. In a non-accusatory interview, the investigator will be trying to get adequate information regarding a particular event. The interviewer will still interview the suspect once the suspect is identified. A non-accusatory interview can occur in person, on the telephone, or prior to an interrogation. The interview may also be carried to focus on the witness in the early investigation stages. Interviewers need to develop a rapport with their subjects during the initial stages of the interview. While establishing rapport, they can discuss non-threatening topics meant to make the participant feel at ease. They should not ask personal questions during this process. Instead, they should verify the subject\'s spelling of a name, address, work history, or phone number. ***Interviewing Witnesses*** Investigators manage to obtain and impart information through interviews. Though witnesses fear the consequences of sharing their own account of an event, their role in an investigation is crucial. They should trust the interviewer to increase their chances of giving a full and reliable account of a criminal event. Witnesses demand to be listened to and are entitled to fair treatment. The information provided by both victims and witnesses helps the investigator to validate or challenge a suspect's version of a criminal event. Interviewers must conduct an initial witness assessment before the interview begins. With the assessment, it is easier for them to determine whether to classify witnesses as intimidated or vulnerable. The procedure should include witnesses' need for specific assistance, the ability to show up in court, and the need for support. Developing a witness interview strategy at an early stage of a criminal investigation is crucial. An interview adviser can be consulted to develop the strategy. The strategy itself should involve the following elements: - - - - - - Witnesses can choose to give their statements anonymously in interviews. Anonymity, in this case, helps protect their safety and other people's safety. It also helps prevent potential harm to the public interest and prevent severe property damage. Court s can grant witnesses who meet various legal parameters anonymity. ***Interviewing Victims*** Besides getting a different version of the story, interviewing victims helps identify the impacts of a particular crime. In the interview, the victims share how the criminal event affected them financially, psychologically, emotionally, and physically. Their statements usually offer investigators detailed information on the losses suffered by a victim. They can also be advised on how to join a victim support group or seek compensation following the criminal event. Encouraging a victim to participate in an interview can help successfully [[prosecute violent crimes]](https://www.justice.gov/usao-ndil/programs/vwa-general). Their statements can help the judge find a defendant guilty or not guilty. Victims of criminal events offer first-hand information about how a crime led to an individual getting injured. An interview can help learn about a victim\'s lifestyle information, including finances, places frequented, leisure interests, and behaviors. Through family liaison, partners, siblings, parents, guardians, or children of a victim can take part in an investigation. A victim\'s family members can offer an account of a criminal event when the victim succumbs to the event, or the victim is missing. However, they must have a close and direct relationship with the victim for them to be allowed into the case. ***Interviewing Suspects*** Investigators tend to [[interview suspects]](https://web.williams.edu/Psychology/Faculty/Kassin/files/K-A-P%20(09).pdf) in quiet, secluded locations to encourage the subjects to take time with their responses. In most cases, suspects are usually interviewed after the witnesses and victims have shared their accounts of an event. The entire interview is focused on reconstructing the details the investigator already has regarding an event. You may expect it to involve the following elements: - - - During the interview process, the investigator will cover several specific topics. The topics revolve around the interviewer describing their role in the company, explaining the part of their job and the means used to investigate an event. With this information, a guilty suspect may involuntarily react. The interviewer, on the other hand, can assess the participant's reaction against an occurrence that is under investigation.